Following Matter of Lopez-Meza, the BIA ruled that the offense of aggravated unlicensed operation of a motor vehicle in the first degree violates §511(3)(a)(i) of the New York Vehicle and Traffic Law. It is categorically a crime involving moral turpitude.
The BIA also ruled that the “offense clause” of the federal conspiracy statute, 18 USC §371, is divisible. The underlying substantive crime, such as selling counterfeit currency in violation of 18 USC §473 in this instance, is an element of the offense. These BIA issues two crime-related decisions highlight crucial aspects of immigration law.
